How to Get Your Criminal Record Expunged in Ohio

Ohio does not actually use the word “expungement” for adult convictions anymore. To get your criminal record expunged in Ohio, you file an application to have the conviction sealed in the same court that sentenced you, pay a $50 filing fee, and attend a hearing where a judge decides whether sealing serves your interest more than the government’s interest in keeping the record public. Sealing hides the conviction from public view and from most background checks. Whether you qualify depends on what you were convicted of, how many convictions you have, and how long ago your sentence ended.

Whether Your Conviction Qualifies

Ohio sorts applicants into two categories of “eligible offender,” and the one you fall into controls what you can seal.

The broader category covers people whose Ohio convictions are all fourth- or fifth-degree felonies or misdemeanors, none of which are violent offenses or felony sex offenses. There is no hard cap on how many convictions you can have under this path, though the waiting period grows with the count. Out-of-state convictions count too, measured by what degree the offense would be if it had happened in Ohio.1Ohio Legislative Service Commission. Ohio Revised Code 2953.31

The narrower category is for people with a higher-degree felony on their record. Here you can have no more than two felony convictions, no more than four misdemeanor convictions, or (if you have exactly two felonies) no more than two additional misdemeanors. The specific conviction you want sealed must itself be one Ohio law allows to be sealed.1Ohio Legislative Service Commission. Ohio Revised Code 2953.31

How convictions are counted can change the math. Two or more convictions arising from the same act, or from offenses committed at the same time, count as one. Two or three convictions from a single indictment or plea involving related crimes committed within a three-month window also count as one, unless the judge decides it is not in the public interest to count them that way.1Ohio Legislative Service Commission. Ohio Revised Code 2953.31

Convictions That Can Never Be Sealed

Some offenses are permanently off limits, no matter how old they are or how clean your record has been since:

If your conviction falls into one of these groups, sealing is not available, but a Certificate of Qualification for Employment may be. More on that below.

How Long You Have to Wait

You cannot apply the day your sentence ends. The clock starts at “final discharge,” meaning you have finished every piece of the sentence: jail or prison time, probation, community control, and any post-release supervision. From that date, Ohio Revised Code 2953.32 sets these waits:

  • One year for a misdemeanor conviction.
  • One year for a single fourth- or fifth-degree felony.
  • Three years for a single third-degree felony.
  • Four years for two eligible felonies.
  • Five years for three, four, or five eligible felonies.

Count from the date supervision actually ended, not the date of conviction or sentencing. Filing too early is a common mistake, and the $50 fee is non-refundable.

Filing the Application

Get the “Application for Sealing of Record of Conviction” from the Clerk of Courts’ office or website for the court that sentenced you. Filing anywhere else will get your application rejected. The form asks for:

  • The full case number of your conviction
  • The name of the court that handled the case
  • The date of the offense and the date of conviction
  • The Ohio Revised Code section number for the offense

If you no longer have your paperwork, the Clerk of Courts can help you look up this information. You may also need a certified copy of the final disposition of your case, for a modest fee that varies by court.

The state filing fee is $50 and is non-refundable. Some courts add a local surcharge of up to $50 on top. If you cannot afford the fee, file a poverty affidavit asking the court to waive it. The Clerk will stamp your application and open a new case number for the sealing request.

The Hearing

The court typically sets a hearing 45 to 90 days after you file. The prosecutor’s office gets notice and has time to decide whether to object.

At the hearing, the judge weighs your interest in having the record sealed against any legitimate government interest in keeping it public. Come ready to explain what you have done since the conviction and why sealing would benefit you. Evidence of rehabilitation carries weight: steady employment, completed treatment, community involvement, and education are all relevant.

The prosecutor may appear to argue against sealing, usually citing the seriousness of the offense, a pattern of criminal behavior, or public safety concerns. The judge rules after considering both sides. If sealing is granted, the court orders law enforcement, the Ohio Bureau of Criminal Investigation and Identification, and other relevant agencies to seal their records of the case. If denied, the record stays public.

What Sealing Actually Does, and What It Doesn’t

Once a record is sealed, the original proceedings are treated as if they never occurred. In most situations you can honestly tell a private employer or landlord that you were not convicted. The sealed case will not show up on a standard background check, and consumer reporting companies that follow federal law are prohibited from including sealed cases in their reports.3WorkforceQA. How FCRA Compliant Background Checks Protect Your Hiring Process

Sealing has real limits. Law enforcement agencies and courts keep access to sealed records. If you are charged with a new crime, the sealed conviction can be considered at sentencing. Certain professional licensing boards in fields like healthcare, education, and finance may also be able to view sealed records when evaluating applicants, depending on the specific licensing rules.

Non-citizens should know that sealing does not block immigration consequences. Federal immigration authorities still consider sealed convictions when deciding visa applications and naturalization petitions, and you are required to disclose all arrests and convictions on immigration forms, including sealed ones. Failing to disclose a sealed conviction can be treated as a misrepresentation and become its own ground for denial.4Global Allianz. How Criminal Records Affect Your U.S. Naturalization Application

A sealed conviction can also linger in private background check databases that scraped the record before the sealing order. Companies must exclude sealed records, but not all update promptly. If a sealed record appears in a report, dispute it directly with the company; under federal law, they must investigate and correct or remove the entry.

If Your Case Was Dismissed or You Were Acquitted

If your case was dismissed, you were found not guilty, or a grand jury issued a no-bill, you can seal that record under a separate, simpler process. You do not need to qualify as an “eligible offender,” and the restrictions on conviction types do not apply. You file in the same court, and the judge grants sealing when your interest in sealing outweighs any legitimate governmental need to keep the record open. These applications typically move faster because the prosecutor has less to argue about.

If Your Conviction Can’t Be Sealed: Certificate of Qualification for Employment

A Certificate of Qualification for Employment (CQE) is an alternative when sealing is not available. A CQE does not hide your record. It lifts automatic bars that would otherwise disqualify you from certain jobs or professional licenses, so employers and licensing boards have to evaluate you individually instead of rejecting you on the record alone. It also gives employers legal protection from negligent-hiring lawsuits when they hire a CQE holder.5Department of Rehabilitation and Correction. Certificate of Qualification for Employment

You can apply one year after release from incarceration and all supervision for a felony, or six months after release and supervision for a misdemeanor. If you were never incarcerated, the wait is six months after all court-imposed sanctions end. A new felony conviction automatically revokes a CQE.5Department of Rehabilitation and Correction. Certificate of Qualification for Employment

If Your Application Is Denied

A denial is not the end. Ohio does not bar you from reapplying, though you will owe the filing fee again. Before you refile, think about what the judge was concerned about. If the prosecutor objected on public safety grounds, more time with a clean record may change the picture. If the judge found the government’s interest outweighed yours, bring stronger evidence of rehabilitation next time. Many applicants who handled the first attempt alone hire an attorney for the second, and having a lawyer present at the hearing can change how the arguments are framed.